19 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 254/2025 CrlM No. 594/2025 Muneeb ul Islam ….. Petitioner (s) Through: Mr. Mohammad Saleem Mir, Adv. V/s Mysir Jan and anr. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 19.05.2025 1. The petitioner has challenged order dated 21.11.2022 passed by the learned Additional Special Mobile Magistrate, Kulgam in a proceeding under Section 125 of Cr.PC initiated by the respondent against him. Vide the impugned order, the petitioner has been directed to pay interim maintenance to the tune of Rs. 3000/- per month in favour of respondent No. 1 and Rs. 2000/- per month in favour of respondent No. 2 2. Heard and considered. P a g e | 2 CRM (M) No. 254/2025 CrlM No. 594/2025 3. The impugned order passed by the learned trial court is exparte in nature and the same has been passed prior to appearance of the petitioner before the trial Magistrate. It is clearly provided in the impugned order that the same is subject to modification or alteration once non-applicant appears and files objections and the petition is heard on merits. 4. Learned counsel for the petitioner has submitted that the petitioner has already filed objections to the application way back in the year 2023 but the learned trial court has not taken any steps to decide the application finally. It is being contended that the petitioner has dissolved his marriage with respondent No. 1 and in fact, the said respondent hs re-married but inspite of this, the petitioner is being asked to pay maintenance to her in terms of the impugned order. 5. Having regard to the fact that the application for grant of interim maintenance filed by the respondent against the petitioner has not been finally decided by the learned trial court as yet, it would be appropriate to extend directions to the learned trial court to decide the application on its merits. 6. Accordingly, the petition is disposed of with a direction to the learned trial Magistrate to decide the application for grant of P a g e | 3 CRM (M) No. 254/2025 CrlM No. 594/2025 interim maintenance filed by the respondents against the petitioner finally on its merits after considering the objections of the petitioner and after hearing the parties. Needful shall be done by the learned trial Magistrate within a period of three weeks from the date a copy of this order is made available to the said court. 7. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 19.05.2025 Aasif